– Bail, Restorative Justice Bills laid in National Assembly

TWO Bills for criminal justice reform were tabled in the National Assembly, on Thursday, by the Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C. which have direct effects on the criminal justice system in Guyana and how persons in contact with and conflict with the law are treated.

During the 48th Sitting of the National Assembly of the Twelfth Parliament at the Arthur Chung Conference Centre (ACCC), Liliendaal, the Restorative Justice and Bail Bills were both read for the first time.
The Restorative Justice Bill seeks to introduce legislation to provide for the use of restorative justice in the criminal justice system which aims to, as its primary objective, repair the harm caused by an offence.

Restorative justice is an approach to problem-solving that, in its various forms, involves the victim, the offender, and the community.
These programmes are based on the fundamental principle that criminal behaviour not only violates the law but also injures victims and the community.

Overall, this Bill reaffirms government’s commitment to strengthening the justice system in Guyana, and reducing the prison population through alternative sentencing.
The objectives of this proposed legislation are to support the development and usage of restorative justice programmes in Guyana, effect repair in communities, and set up a system of restorative justice that brings together community residents, victims and offenders in a permissive, safe and carefully managed environment.

Additionally, under this Bill, offenders, when participating in restorative justice, may be required to take steps to repair the harm done to the victim.
However, if the offender is a juvenile, the principles and measures relating to the juvenile justice system and diversion shall apply to eligible offenders, once the law is passed.

Under this Bill, in cases where the victim or offender is unable to give consent because of age, physical, intellectual or mental impairment or the victim or offender is deceased, consent may be given by the victim or offender’s parents or guardian.

Another part of the Bill seeks to establish an Advisory Council on Restorative Justice which shall consist of 10 members. That body shall be chaired by the minister.
This council will monitor the effectiveness of the programmes and provide advice and recommendations to the minister on the design and content of restorative justice programmes, implementation and delivery of restorative justice programmes, and policies regarding restorative justice.

Meanwhile, the Bail Bill seeks to address the granting and refusal of bail. With the current confinement time period set at 72 hours before a court order must be obtained, the Bill will shift the time frame to only 24 hours.
According to the explanatory memorandum, the Bill seeks to provide for bail reform in Guyana, which is a key component in remedying overcrowding in prisons.

“The Bill recognises that a person is innocent until proven guilty and that every person has a right to their personal liberty. Accordingly, the Bill establishes that there is a right to bail and sets out clear circumstances where bail may be refused,” the document read.

This Bill also provides that bail, and any conditions attached to the grant of bail, must be reasonable. This Act will not apply to juveniles and any offence punishable by death, the explanatory document said.
Additionally, under the Bill, if the offence is not punishable with imprisonment, bail shall be granted with every convenient speed.

On the other hand, where the offence is one that is punishable with imprisonment, bail may also be granted as soon as practicable.
Bail granted in both instances may be with or without sureties, subject to a duty to appear before a magistrate at a time and place appointed by the officer, the document tabled by the Attorney General further noted.
Where the offence is a serious offence, the police officer shall not grant bail to the person.

The document further said that the Bill also provides that where a person is not released, the person shall be brought before a court within 72 hours.
However, the police may apply to the High Court for an extension of time. Nevertheless, where a person cannot be tried within a reasonable time, the person shall be released either with or without conditions attached.

Previously, AG Nandlall had said that bail has long attracted great public sentiments and criticisms in the public domain.
“Persons have complained about the inconsistent grant of bail, as well as the inconsistent refusal of bail,” he said.

The Attorney General said that these proposed amendments will not take away from the discretion that law enforcement and judicial officials enjoy when granting or refusing bail.
“Like every other discretion, the discretion to grant or refuse bail is not an absolute one, it is not an untrammelled discretion. It is a discretion that must be exercised in accordance with certain principles and must be exercised reasonably,” he said.